Who Keeps the Pet During Divorce?

May 12, 2023

The concern for the pet’s custody arises when more than one person claims their ownership of a dog, cat, birds, or other domesticated animal. This leads to a conflict in deciding the pet’s custody rights. However, unlike human children, pets are considered tangible property of the owners with sentimental value attached to them which is irreplaceable with money or any other consideration. 

Why a Pet's Custody Matters

According to ASPCA, more than 35% households in the United States own a cat, while more than 44% are dog owners. Most of the pet owners consider their pets to be a part of the family, making it difficult for them to imagine losing their pets in divorce or separation from their spouse. This makes determining who gets the pets after divorce or separation, a difficult legal matter that needs to be resolved.

Legal recognition of pets often contradicts the public view of pet owners. Due to the inconsistencies in the law regarding pet’s custody matters, courts need to update how they help couples work through disagreements over pet ownership and custody rights, keeping in view the popularity of pet owners has continued to increase each year. It's not surprising that the legal system is gradually coming around to the idea that pets are more than just property.

Who Gets to Keep the Pet?

It is most likely that the partner who bought the pet into the family is naturally going to be awarded custody of the pet after divorce. However, there are other factors that the court takes into account when deciding who gets custody of the pet. The most common question the court considers is whether the pet is a separate or a marital property, i.e., whether the partner owned the pet before marriage or was bought jointly during the marriage. A pet, however, might easily become a commingling, or the property of one spouse that becomes joint property after marriage.

It is most likely for the court to consider the pet a joint property of the couple, if the pet’s needs (including vet’s bills, pet food, pet house, and other essentials to ensure the pet's well being) were bought using marital or joint funds of the couple, it is most likely that the court will consider the pet a marital property of the couple. 

The parent who has the custody of the children is also likely to be awarded the pet’s custody since the court considers it to be in the best interest of the children to keep the pet after parent separation or divorce. 

Sharing Custody of a Pet

The responsibilities of the pet are often distributed amongst all the family members in the household. But what happens when the pet owners decide to split up? Each party takes on more of the pet's caretaking duties, and the two parties work out an arrangement for joint pet custody.

 It is important to establish the rightful owner of the pet, normally it is the one who registers and renews the pet's license. Next step is to divide up the cost that goes into looking after the pet (such as medical care, food, and supplies). 

Once cost and ownership of the pet are settled amicably, you can mutually divide the days the pet is going to be living with either party. The parties should consider prolonging the periods of the custody arrangements to allow the dogs and/or cats to adjust themselves into the new home. And lastly, it is important to ensure that both the household your pet is living with is on the same page with training sessions with your dog or cat. 

Hire an Attorney For Help!

If you are facing the issue of pet’s custody in a divorce, get in touch with the top Ventura Family Law Attorneys in your area. An experienced child custody attorney can provide you with the best legal advice for pet custody. Moreover, a child custody attorney may also help you draft a custody agreement between the spouse in the event of a divorce or separation. 

If you need representation in a legal dispute over pet custody, an experienced child custody attorney can assist you through the complex and frequently evolving legal landscape. If you have a seasoned attorney fighting for your rights, the chances of winning your pet’s custody will naturally increase. 

Categories:  
Tags: , , ,
Emiy Watson

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Posts
May 22, 2024
Idris Elba Net Worth: The Success Behind His $50 Million Fortune

Idris Elba, a name synonymous with versatility and talent, has carved out a remarkable career in various domains such as acting, music, and entrepreneurship. Born on September 6, 1972, in Hackney, London, to parents of Sierra Leonean and Ghanaian heritage, Elba has built an illustrious career, broadening his horizons across multiple fields. Biography and Early […]

Read More
May 22, 2024
Frankie Muniz Net Worth: From Child Star to Multitalented Millionaire

Frankie Muniz, born Francisco "Frankie" Muniz IV on December 5, 1985, in Wood-Ridge, New Jersey, is a multifaceted entertainer. At age 38, Muniz has built a remarkable career as an actor, film producer, race car driver, musician, voice actor, drummer, screenwriter, and television producer, accumulating a net worth of $30 million. Major Career Highlights Frankie […]

Read More
May 22, 2024
Val Kilmer Net Worth: A Dive into His Wealth and Career

Val Kilmer's career in Hollywood has been as compelling as it has been diverse. Born on December 31, 1959, in Los Angeles, California, Val Kilmer demonstrated a passion for the arts at an early age, gaining recognition as one of the most versatile actors of his generation. With over 100 films and TV shows to […]

Read More
Welcome to Urban Splatter, the blog about eccentric luxury real estate and celebrity houses for the inquisitive fans interested in lifestyle and design. Also find the latest architecture, construction, home improvement and travel posts.
© 2024 UrbanSplatter.com, All Rights Reserved.
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram